a. Any building or premises where law enforcement officers have on more than one (1) occasion in the preceding twelve (12) month period criminally cited, executed a court-issued search warrant or arrested persons for crimes on the premises involving assault, weapons, prostitution, controlled substances, gambling, disorderly conduct, violent crime, or a felony is hereby declared a nuisance.
1. On occasions where the property owner or tenant is the victim of the criminal activity listed above, such citations or arrests shall not be considered in determining criminal activity as a nuisance.
b. The Bowling Green Police Department shall notify the Neighborhood and Community Services Department of properties meeting the requirements of Section (a), where the criminal activity is a nuisance to the Police Department, public and/or adjacent properties.
c. After determining the criminal activity is a nuisance according to Section (a), the Neighborhood and Community Services Department shall send a Notice of Violation to the property owner describing the nuisance, and requiring the nuisance be abated.
d. Should the criminal activity nuisance not be abated, a citation may be issued pursuant to Subchapter 2-21 of the Code of Ordinances for additional occasions of nuisance criminal activity as defined in Section (a) which occur within a twelve (12) month period of the date of Notice of Violation.
e. In addition to other remedies set out in this Chapter, upon failure of the property owner to abate the nuisance pursuant to this Chapter, or to request a hearing before the Code Enforcement and Nuisance Board, the Neighborhood and Community Services Department staff shall present the case before the Code Enforcement and Nuisance Board to request the closing and vacating of the premises or portions thereof to abate the criminal activity nuisance after issuance of a citation pursuant to Section (d) above. Such closing and vacating shall be for a period of time as the Code Enforcement and Nuisance Board reasonably may direct, but in no event may the closing and vacating be for a period of more than one (1) year from the date of closing. If the premises consist of multi-unit dwellings or mixed uses and the criminal activity nuisance has occurred solely with a unit or units, the authority to close and vacate is restricted to the unit or units in which the criminal activity nuisance has occurred and does not extend to any other unit in the premises. Upon the failure of the property owner to comply with an order from the Code Enforcement and Nuisance Board to close and vacate, the Neighborhood and Community Services Department may prohibit the furnishing of utility service to the premises and may use any other legal remedy available.
f. It shall be a defense to a violation of this Section that the owner has instituted an eviction proceeding through Warren County District Court against the offending tenant or occupants of the premises in violation within thirty (30) days of the date of the Notice of Violation and the owner completes the eviction within sixty (60) days of the date of commencement of the action or as soon thereafter as court procedures allow.
(Ord. BG2003-61, 12/2/2003; reference Ord. BG2011-30, 6/27/2011; Ord. BG2014-12, 8/5/2014; Ord. BG2022-41, 9/6/2022)